Advocate G. Asok

Questions Answered by Advocate G. Asok

Q: Partition in the Joint family property

Daughter married in the year 1950 prior to the commencement of Hindu succession act 1956 , property was purchased by father and his three sons from joint family income , father died and the property is not yet partitioned till date, can the daughter can claim partition

Advocate G. Asok answered
Daughters born prior to The Hindu succession Act 1956 are eligible for their share in the ancestral property . Even the children of that daughter are also eligible for their share .If the daughter or her children can file a suit for partition in the court.

Q: Can gift deed on ancestral property be challenged in the court of law

First, my property was "My grandfather's mothers property". So, it is Ancestral property. Right ? My Grandfather have 5 sons & 1 daughter. My Grandfather was passed away in 2015. In 1993, My grandfather wrote a deed "all property was partitioned to 2nd & 4th sons only". Balance 3 sons & 1 daughter has no property. Now, my question is As per law, "who will get the property ?" 1) The 2 sons (or) 2) All 5 sons & 1 daughter ? And, Another story : In 2014, My Grandfather wrote another deed to the 5th son again the same property. Now, in PATTA for all properties was named as 5th son. Now, who will get the properties ? I'm a Hindu Religion?

Advocate G. Asok answered
Without seeing the documents i can give only a general opinion. From what you stated your grand father inherited from his mother and it is not his self acquired property and hence as per his wish he can not gift to one or two sons. As per the Hindu succession Act all your grand fathers children have got coparcenary rights along with your grand father and he can not deny their rights. You can take legal steps .

Q: Mother made will later sell part of the land is it still valid

my mother wrote will on land 3960 square feet in my name in the year of 1998 then in the year 2000 she gave 1521 square feet(empty land in 3960 sqft to my younger sister after that will was not corrected. now is the will valid in my name. Note: at the time of parting land to my sister nowhere will is mentioned my mother died on 2010

Advocate G. Asok answered
If it is the self-acquired property of your mother then she can write a will to anybody and as per your statement she wrote the will in your favour in 1998 but again in 2000 without mentioning the will she gave a portion to your sister. Since your mother has not mentioned the will it can be interpreted that she cancelled the will and the will has become thus infructuous. You can probate the will to prove that it is genuine but it will not be any use because of the subsequent transaction. Any how the rest of the property will go to the legal heirs.

Q: What to do if full amount is not given under Health Insurance claim

I was admitted in Apollo hospitals Greams road for Chronic Calcific Pancreatitis (13th - 14th Sep 2018) : ERCP + Stent Removal + Sphincteroplasty + Stone Extraction + PD Stending was done. The total bill amount was Rs. 73,409. But the pre-auth was done only for Rs. 53,000 with a co-pay of Rs.5,300 hence only Rs. 47,700 will be borne by the insurance. I had to pay nearly Rs.26,000 When checked with the Vidal TPA i was told that Rs. 53,000 is what is allowed for the package. The package was meant for 'PANCREATIC STENT IN SITU,FOR ENDOSCOPIC RESTENTING'When checked with the Hospital the cost was high because more complex procedures were involved: ERCP + Stent Removal + Sphincteroplasty + Stone Extraction + PD Stenting. I have confirmed this with the hospital the reason for exceeding the package amount and got a letter from one of the doctors attached it as a proof while submitting the claims through the hospitals. Vidal TPA is still denying claims nor replying to any emails

Advocate G. Asok answered
The TPA is not the insurer and the contract is between you and the insurer and the terms are mentioned in the policy and the TPA is only a facilitator and hence they can not dictate the terms . If you are not happy first lodge a formal complaint and then proceed legally.

Q: Father purchased land on mother's name want to claim share in property

My father purchase the land with house in my mother name in 1980's and my father exp 2009 after that my mother join with my sister and doing all against me and now they selling the property in our home town with out my knowledge hw can i block the same, property location insirkazhi near chidambaram tamilnadu

Advocate G. Asok answered
As per your statement your father purchased the property and hence it is not the self acquired property of your mother and hence it has to be divided among the family members provided it you can prove it through evidence .